Article Per Year (5 Year)
p-Index From 2021 - 2026
2.959
P-Index
This Author published in this journals
All Journal Journal of Accounting and Investment Al-Mashrafiyah : Jurnal Ekonomi, Keuangan, dan Perbankan Syariah Syariah: Jurnal Hukum dan Pemikiran Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Al-Iqtishadiyah: Ekonomi Syariah dan Hukum Ekonomi Syariah Jurnal Hukum Lex Generalis Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Journal of Islamic and Law Studies (JILS) Abdimas Indonesian Journal Al-Hiwalah : Journal Syariah Economic Law Priviet Social Sciences Journal JSE: Jurnal Sharia Economica INJURLENS
Muhamad Rahmani Abduh
UIN Antasari Banjarmasin
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 18 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 18 Documents
Search

 1   2 
IMPLEMENTATION OF THE LIMITED LIABILITY COMPANY LEGAL DOCTRINE IN THE LIABILITY OF DIRECTORS IN INDONESIA Syarifah Aisyah; Norhalisa Nabella; Alya Ahda Nadhirah; Muhamad Rahmani Abduh
JSE: Jurnal Sharia Economica Vol. 5 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/36nxre15

Abstract

This study examines the implementation of key doctrines in corporate law related to directors’ liability in limited liability companies in Indonesia. The doctrines analyzed include Piercing the Corporate Veil, Business Judgment Rule, Ultra Vires, and Fiduciary Duty. This research employs a normative legal method with statute, conceptual, and case approaches. Legal materials were collected through literature studies and analyzed qualitatively to understand the application of these doctrines in corporate legal practice in Indonesia.  The findings indicate that these doctrines play an important role in determining the limits of directors’ responsibilities in corporate management. The doctrine of Piercing the Corporate Veil allows courts to impose personal liability when the corporate entity is misused, as illustrated in the case involving PT Effem Foods Inc. The Business Judgment Rule provides legal protection for directors in making business decisions in good faith, as reflected in the case of PT Merpati Nusantara Airlines. The Ultra Vires doctrine emphasizes that corporate actions must remain within the scope of the company’s objectives, as shown in the PT Condato Grup Indonesia case. In addition, the Fiduciary Duty doctrine highlights directors’ obligations to act with due care and loyalty in managing the company, as seen in the PT Bakara Bumi Energi case.
The legal convergence of prenuptial agreements: An analysis of the marriage law, Islamic law compilation, and constitutional jurisprudence Ahmad Mubarak; Novy Listiana; Nurul Azkia; Muhamad Rahmani Abduh; Iqnaul Umam Ashidiqi
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.928

Abstract

A prenuptial agreement is an important instrument in marriage law that regulates agreements between prospective spouses to arrange their rights, obligations, and property prior to marriage. The study of prenuptial agreements is particularly urgent in the modern context, where social and economic dynamics continue to evolve and influence family life. This study aims to examine, from a legal perspective, how prenuptial agreements are regulated in Indonesian civil law, their implementation in society, and their legal implications for the division of property and safeguarding each party's rights following marriage. The research method used is a normative method, using the analysis of legal documents and related literature, as well as case studies to demonstrate how prenuptial agreements are used in practice. The study’s results found that prenuptial agreements possess enforceable legal authority as long as they meet the requirements of a valid agreement according to the Civil Code and applicable laws and regulations, including the Marriage Law. These agreements serve to avoid property disputes at the end of a marriage through divorce or death. However, it is of paramount importance that legal convergence regarding prenuptial agreements is achieved. Similarly, the role of the notary as an authorized official is crucial in providing optimal legal protection. The legal implications of prenuptial agreements are vital for ensuring legal certainty for couples, particularly concerning the division of joint property, which can be adjusted to the parties' wishes in accordance with the initial agreement
PEMBATASAN HAK KHIYAR DALAM PERDAGANGAN SAHAM: ANALISIS TERHADAP KEBIJAKAN NON-CANCELLATION PERIOD BURSA EFEK INDONESIA Abduh, Muhamad Rahmani; Akbar, Ilham; Ilmi, Fajrul; Pradana, Neco Erlin
JSE: Jurnal Sharia Economica Vol. 5 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/j1nqs143

Abstract

This study aims to analyze the stock trading mechanism on the Indonesia Stock Exchange (IDX) and examine the Non-Cancellation Period policy from the perspective of Islamic law, particularly through the concept of khiyar. This research employs a normative legal method with a conceptual approach, focusing on the analysis of fiqh muamalah principles in relation to modern stock trading practices. The findings indicate that stock trading on the IDX is conducted through a structured electronic system, where transactions are deemed to occur upon the matching of buy and sell orders. The Non-Cancellation Period policy restricts the modification and cancellation of orders within a specific timeframe to maintain price stability and prevent potential market manipulation. From an Islamic law perspective, this restriction does not fundamentally contradict the concept of khiyar majlis, as orders that have not yet been matched cannot be considered legally binding contracts. Furthermore, based on the fiqh principles of dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (preventing harm takes precedence over attaining benefit) and lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), the policy can be justified as it aims to prevent collective harm and preserve market integrity. Therefore, the Non-Cancellation Period reflects an adaptation of Islamic legal principles within modern trading systems while maintaining justice and public interest
Regional Investment Policies Based on Local Potential to Strengthen a Sustainable Sharia Economy in South Kalimantan Muhammad Hendri Yanova; Parman Komarudin; Ifrani; Muhammad Rifqi Hidayat; Muhamad Rahmani Abduh
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7601

Abstract

The urgency of this research lies in strengthening the role of investment by the Government of South Kalimantan Province as an instrument for both economic growth and equitable regional development. Normatively, such investment has been directed to generate economic and social benefits and to enhance public welfare, as stipulated in Article 2 paragraphs (1) and (2) and Article 3 letters (a) to (c) of Minister of Home Affairs Regulation No. 52 of 2012. However, it has not yet been fully integrated with the development of the Islamic economy, despite its significant potential in the region. This study employs a normative juridical method with statute approach and conceptual approach. The primary legal materials include regulations on regional government investment under Minister of Home Affairs Regulation No. 52 of 2012, provisions on regional capital participation within the local government legal framework, and regulations on regional investment incentives and facilities under Government Regulation No. 24 of 2019. These materials are analysed systematically through the lens of maqāṣid sharī‘ah. The results of this study indicate that regional investment policy should be directed as a selective instrument to promote both growth and equitable distribution through investments in sectors based on local potential, thereby increasing income and employment absorption, under the supervision of the regional head. Furthermore, regional investment policies can be sustainably integrated with Islamic principles by emphasising a maṣlaḥah-oriented approach.
FORMULATING A SHARIA-BASED LEGAL FRAMEWORK FOR SWIMMING POOL OPERATIONS IN INDONESIA Parman Komarudin; Ilham Akbar; Muhamad Rahmani Abduh; Muhammad Rifqi Hidayat; Muhammad Hendri Yanova
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.15398

Abstract

The need of Muslim communities for swimming facilities that uphold modesty requirements (awrah), regulate gender interaction (ikhtilāṭ), ensure privacy, and support religious observance has not been fully accommodated in the operation of swimming pools in Indonesia. This issue reflects not only the absence of a specific fatwa concerning Sharia-compliant swimming pools but also the lack of a Sharia governance standard for water-based recreational facilities. This study aims to develop a normative academic framework for the operation of swimming pools based on Sharia principles in Indonesia. This research employs a normative Islamic legal approach, utilizing statutory, conceptual, maqāṣid-based, and fatwa approaches. Data were collected through a literature review of Islamic legal sources, fatwas issued by the National Sharia Council of the Indonesian Council of Ulama (DSN-MUI), environmental health regulations, and halal tourism literature. The findings demonstrate that a Sharia-compliant swimming pool should be constructed through three principal dimensions: the normative-religious dimension, the operational-managerial dimension, and the environmental health and safety dimension. These dimensions are grounded in fiqh al-muʿāmalāt, maqāṣid al-sharīʿah, and public health standards, particularly with respect to the protection of religion, life, and human dignity. This study contributes by proposing an academic framework of Sharia norms encompassing definitions, legal status, operational principles, user regulations, privacy protection, facility standards, contractual arrangements, supervisory mechanisms, and complaint-handling procedures. The proposed framework is not intended to serve as an official fatwa; rather, it is designed to provide an academic foundation for fatwa-issuing institutions, regulators, and operators of water-based recreational facilities in formulating standards for swimming pools based on Sharia principles.
Rezim Harta Perkawinan dalam Hukum Islam: Analisis Perbandingan Mazhab dan Integrasinya ke dalam Tata Kelola Ekonomi Islam Modern Ahmad Mubarak; Nahdia Nazmi; Muhamad Rahmani Abduh; Nurul Azkia; Novy Listiana; Iqnaul Umam Ashidiqi
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20553

Abstract

The economic transformation of contemporary Muslim families has significantly reshaped the ownership, management, and distribution of property within marriage. This development has generated legal tension where classical fiqh, which generally upholds separate ownership between spouses, confronts the realities of dual-income households, women’s economic contribution, and increasing state intervention in the pursuit of family justice. Marital property must therefore be understood not merely as a matter of private law, but as an issue located at the intersection of Islamic family law, Islamic economic law, comparative madhhab analysis, and state legal governance. This article aims to analyse the normative construction of marital property regimes across the Sunni madhhabs, examine their integration into modern state law, and formulate a more just and context-sensitive conceptual model. The study employs a qualitative legal research design based on a doctrinal-comparative approach, complemented by a limited socio-legal perspective. Data were collected through systematic library research and documentary legal research, and analysed through qualitative content analysis, comparative legal analysis, and normative-constructive analysis. The findings show that classical Islamic law does not recognise the automatic fusion of property by virtue of marriage, yet it provides normative resources through milkiyyah, shirkah, ‘urf, nafaqah, and maqāṣid al-sharīʿah to acknowledge entitlements arising from both direct and indirect contribution. The central problem lies not in the absence of Islamic norms, but in the weak translation of those norms into fair adjudicative methods and state policy. This article proposes a maqāṣid-based relational marital property regime that balances individual ownership, economic and domestic contribution, the social function of family assets, and equitable adjustment. It concludes that reform of marital property law should move towards interpretations that are more responsive to contribution, child protection, and the economic governance of modern Muslim families.
Bakakarun Transactions and Agricultural Zakat among the Banjar Community: An Islamic Law Analysis Muhamad Rahmani Abduh; H.M. Hanafiah; Rahmat Sholihin; Mahmud Yusuf; Parman Komarudin
AL-IQTISHADIYAH : EKONOMI SYARIAH DAN HUKUM EKONOMI SYARIAH Vol 11 No 2 (2025): Jurnal al-Iqtishadiyah
Publisher : Fakultas Studi Islam Universitas Islam Kalimantan Muhammad Arsyad Al Banjary

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/iqt.v11i2.21194

Abstract

Bakakarun is a profit-sharing agricultural partnership between landowners and cultivators commonly practiced by the Banjar community. However, this practice raises two key issues under Islamic law: first, the prohibition of mukhābarah contracts in the Shafi’i school, which is predominantly followed by the Banjar; second, improper zakat payment methods, particularly regarding the calculation of nisab from shared harvests. This study employs an empirical legal approach with a descriptive qualitative method, conducted across three villages in Barito Kuala Regency, South Kalimantan. The findings reveal that the bakakarun practice aligns with the principles of mukhābarah as permitted by Imam Nawawi. Nonetheless, errors in zakat calculation persist due to the absence of khulṭah (asset pooling) in determining nisab. It is therefore recommended that zakat be deducted prior to harvest distribution to prevent avoidance of zakat obligations.
Kekosongan Norma terhadap Pilihan Childfree dalam Hukum Perkawinan Indonesia: Perspektif Hak Asasi Manusia AHMAD MUBARAK; Nurul Azkia; Iqnaul Umam Ashidiqi; Muhamad Rahmani Abduh; Novy Listiana
Jurnal Hukum Lex Generalis Vol 7 No 6 (2026): Tema Hukum Keluarga
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i6.3429

Abstract

The childfree phenomenon reflects a paradigm shift in interpreting the purpose of marriage in Indonesia, from a reproduction-oriented framework towards the fulfilment of individual rights. This study employs a normative juridical method, utilising statutory, conceptual, and comparative approaches. The findings indicate a normative gap within positive law concerning the choice to remain childfree, as well as a conflict between marriage law, which is institutionally oriented, and human rights law, which emphasises individual freedom. It is concluded that childfree exists within a legal grey area, thereby necessitating normative harmonisation to ensure legal certainty and the protection of reproductive rights.
Co-Authors Ahmad Mubarak Ahmad Mubarak Alya Ahda Nadhirah Ashidiqi, Iqnaul Umam Azkia, Nurul DND, PP Rabiah Al Adawiyah Fathurrahman Azhari H.M. Hanafiah Hafiez Sofyani Hanafiah, H.M. Hasanudin Hasanudin Hayatun Nafisah Husna, Khodimatul Ifrani Ilham Akbar Ilham Akbar Ilmi, Fajrul Iqnaul Umam Ashidiqi Iqnaul Umam Ashidiqi Listiana, Novy Maghfur, Achmad Mahmud Yusuf Mahmud Yusuf Mahmud Yusuf Mahmud Yusuf Muhammad Hendri Yanova Muhammad Rifqi Hidayat Muhammad Rifqi Hidayat Nahdia Nazmi Norhalisa Nabella Novy Listiana Novy Listiana Nurul Azkia Nurul Azkia Parman Komarudin Pradana, Neco Erlin Rahman, Abidir Rahmat Sholihin Rahmat Sholihin Rahmat Sholihin Sannya, Jasmine Ghina Sri Ana Farhanah Syarifah Aisyah